[WSBAPT] Garnishment Served on Personal Representative

Wed Nov 5 08:59:16 PST 2014

Is it a specific bequest?  If so it is identifiable immediately;  If general bequest ie remainder, then would need to know what the attachment amount is and manage satisfaction out of eventual Cash distribution.  If not enough cash, then will need to manage among all heirs how to balance out if possible, or determine judgment heirs actual distributable share.
Often you do not get the attachment/garnishment until well after the family has taken the personal property, and if so attachment too late as to those interests, but would remain as to any interest yet to be distributed.
Craig L.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Wednesday, November 05, 2014 8:45 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

Question, with PRs ability to pick and choose who gets what, it may be difficult for a creditor of beneficiary to attach or garnish specific items?  I have never had a situation that interfered with the probate process, but always was attached at the time of distribution.  Am I missing something?

On Wed, Nov 5, 2014 at 8:34 AM, Craig Liebler <cliebler at licbs.com<mailto:cliebler at licbs.com>> wrote:
Title to property vests upon death subject to estate administration.  As such an interest of an heir is vested ab initio and therefore subject to attachment etc.  Although the final interest may not be determinable until administration is over, the interest remains attachable in the hands of the PR.
I have had the State garnish/attach interests of heirs for child support obligations numerous times, and advise my PR’s of above and to clear attachments when closing an estate, of course with notice to the heir throughout.   Garnishment is just one form for attachment but I believe available to any judgment creditor of heir.
My 2 cents. Craig L.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Paul Neumiller
Sent: Tuesday, November 04, 2014 3:05 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

Roger, your attachment didn’t come through.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, November 4, 2014 10:55 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

Attachment is probably the creditor’s remedy.  Anything can be attached and sold at a sheriff’s sale, even inchoate rights.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000<tel:206%20367%205000>
Fax is 206 367 4005<tel:206%20367%204005>

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Monday, November 03, 2014 4:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Garnishment Served on Personal Representative

My position has been that an heir has only an inchoate right to inherit a share of the net residue of the estate, and it does not ripen into a garnish-able interest until the estate is essentially complete, fully liquid, and ready to distribute. Since that is at the discretion of the PR, the timing of the garnishment is very difficult--it's tough to catch the PR at just the right moment. But not everyone agrees with me.

I represented a PR back in 2002 where we received a garnishment on an heir's interest. Attached is a redacted copy of the narrative that I attached to the Answer to the garnishment. The collection agency that handled it was Management Solutions, Inc., in Woodinville, a gentleman by the name of Daryl Deede who I think is retired now but his company may still be in business. He had some arguments as to why his garnishment was effective, and he presented me with some pages of legal justification that he clearly had put together as a form – he must have used it many times. The PR elected to compromise the garnishment rather than going to court, and the Estate paid I think a portion of the amount due to the judgment creditor.

You might Google Management Solutions Inc. or Daryl Deede and contact them--they surely have a different opinion on garnishing PRs than I do. I remember Mr. Deede being quite friendly, and he or his successors might be willing to pass on their legal argument as to why a garnishment against a PR might be effective.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092<tel:206-625-0092>
fax 206-625-9040<tel:206-625-9040>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kokie Adams
Sent: Monday, November 03, 2014 3:16 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Garnishment Served on Personal Representative

Has anyone dealt with a Writ of Garnishment served on the PR by a claimant who is owed money by an heir of the estate?  RCW 6.27.050 allows garnishment of an executor for money due from a decedent to a defendant – but was this meant to apply to the inheritance an heir is to receive from the decedent?   What if there is no cash in the estate at the time the garnishment was served, only real property.

Any insight would be greatly appreciated.

Kokie Adams
Purcell & Adams, PLLC
7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444<tel:425.774.0444> (phone)
425.771.2711<tel:425.771.2711> (fax)
kadams at purcelladams.com<mailto:kadams at purcelladams.com>

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